The Supreme Court ruled Monday that white firefighters in New Haven, Conn., were unfairly denied promotions because of their race, reversing a decision that high court nominee Sonia Sotomayor endorsed as an appeals court judge.
New Haven was wrong to scrap a promotion exam because no African-Americans and only two Hispanic firefighters were likely to be made lieutenants or captains based on the results, the court said Monday in a 5-4 decision. The city said that it had acted to avoid a lawsuit from minorities...
"Fear of litigation alone cannot justify an employer's reliance on race to the detriment of individuals who passed the examinations and qualified for promotions," Justice Anthony Kennedy said in his opinion for the court. He was joined by Chief Justice John Roberts and Justices Samuel Alito, Antonin Scalia and Clarence Thomas.
Using her typical lack of logic and, dare I say, compassion, Justice Ruth Bader Ginsburg said in her dissent,
the white firefighters "understandably attract this court's sympathy. But they had no vested right to promotion. Nor have other persons received promotions in preference to them."
No vested right in a promotion? Unlike, I suppose, the black and Hispanic firefighters who didn't pass the test? The idea that one is denied a promotion for which one is qualified simply because enough jelly beans of the right color didn't pass should shock the conscience of the court. It certainly goes against the rules of fair play that we are told we're supposed to follow.
Ed Morrissey of Hot Air has analysis here.
Don Surber says it bluntly: Sotomayor was wrong.
People for the American Way complains that Sotomayor had no choice but to make a lousy ruling. Tell that to Justice Ginsburg.
Liberal pouting here, and here. Liberal excuse making for Sotomayor here
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